Mortgage foreclosure through vessel arrest is the maritime enforcement tool most commonly used by financiers. Under U.S. maritime law, other enforcement tools exist that are less known, yet also powerful. They serve different purposes and are subject to different conditions. Understanding the differences helps optimize the enforcement strategy and maximize the recovery by using the full array of enforcement tools.
It is particularly important in the current economic context: the COVID-19 crisis has led to more frequent defaults, and more challenging enforcement exercises. Liquidity is lacking, and many courts and other public institutions remain closed. Even in these difficult times, and even when a vessel-backed loan is among non-U.S. parties and governed by non-U.S. law, U.S. maritime